In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-13-00406-CR
____________________
DAVID MARTINEZ TORRES JR. Appellant
V.
THE STATE OF TEXAS, Appellee
_________________________________ ______________________
On Appeal from the 252nd District Court
Jefferson County, Texas
Trial Cause No. 13-16368
____________________________________________ ____________
MEMORANDUM OPINION
Pursuant to a plea bargain agreement, David Martinez Torres Jr. pleaded
guilty to burglary of a building. 1 The trial court found the evidence sufficient to
substantiate Torres’s guilt, deferred further proceedings, and placed Torres on
community supervision for five years. The State later filed a motion to revoke
Torres’s unadjudicated community supervision. Torres pleaded “true” to violating
one condition of his community supervision. The trial court found that Torres
1
Torres is also referred to as “David Torres” in the record.
1
violated the conditions of his community supervision, found Torres guilty of
burglary of a building, revoked Torres’s community supervision, and sentenced
Torres to two years in a state jail facility.
Torres’s appellate counsel filed a brief that presents counsel’s professional
evaluation of the record and concludes Torres’s appeal is frivolous. See Anders v.
California, 386 U.S. 738 (1967); High v. State, 573 S.W.2d 807 (Tex. Crim. App.
1978). We granted an extension of time for Torres to file a pro se brief, but we
received no response from Torres. We have determined that this appeal is wholly
frivolous. We have independently examined the clerk’s record and the reporter’s
record, and we agree that no arguable issues support an appeal. We find it
unnecessary to order appointment of new counsel to re-brief the appeal. Compare
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We affirm the trial
court’s judgment.2
AFFIRMED.
________________________________
STEVE McKEITHEN
Chief Justice
2
Torres may challenge our decision by filing a petition for discretionary
review. See Tex. R. App. P. 68.
2
Submitted on March 6, 2014
Opinion Delivered March 19, 2014
Do Not Publish
Before McKeithen, C.J., Horton and Johnson, JJ.
3